Wednesday, February 9, 2011

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LOOK AT LOCAL PUBLIC SERVICES PUBLIC UTILITIES

SERVIZI PUBBLICI LOCALI: LE SCADENZE
Giova ricordare, innanzi¬tutto, che ai sensi dell’arti¬colo 23-bis, comma 8, let¬tera e) of Law 133/2008, 31 December 2010, arrived at Capoli ¬ w and the irregular management of services, namely credit lines that are not provided occurred in previous letters ¬ teeth of said paragraph 8 above, which regulates the ¬ national governing the transitional arrangements, until the reform of services brought about by Article 23-bis ¬ come into full swing in the area. It is worth noting in this re ¬ look, and among the inter ¬ winds of change that the legislature approved last hour, with the launch of the DL 225/2010 (Order one thousand extensions), the predetermined deadline of 31 December to ¬ ¬ October 2010 has been the subject of a limited extension to March 31, 2011, with exclusive reference to simple management irregular institution in the field of local public transport, so that all awards of ser ¬ vices that set non-related sector and within the com ¬ ¬ but 8 e), are in fact expired with the end of last year. Is it necessary that the Government loca ¬ ¬ keep them in mind that at the expiration of 31 December 2010 ¬ to the illegal operations have ceased operation of law, that is - as has the standard - "without need of special deliberazio ¬ ¬ TY managers of the entrusting ', with the result that the contract for their servants ¬ uncle signed between the institution and the person giving affi ¬ operator for the regulation of ports between the parties rap ¬ ¬ de is dropped. The result is, quite simply, that a de ¬ run from 1 January 2011 the contract is not configured as a more appropriate legal basis to justify the provision of benefits ¬ care provided there. But what, in this case, if the local authority was not urge you to bring the public tender to select ¬ lect the new operator of the service on or after 1 January 2011? Action discrete co ¬ ¬ tional Ente public will be, as always, balance and weighed ¬ ciat according to the principles of good administration, fi ¬ no to find the right point of balance between conflicting interests. Divestiture is certainly true that for non-compliance with the terms in question ¬ it has provided the law 244/2007 ¬ impose specific penalties that, while the same Court of Auditors (the first section with ¬ trol of Lombardy, by resolution and then 48/2008/PAR If ¬ ¬ tion control for Pu glia by resolution 100/2009 / PAR) has ¬ notes that the term in question to be considered as ordi ¬ donors and not mandatory. It is true also that the move of ¬ Article 3, paragraph 29, was correctly interpreted ¬ ment as a source of a requirement that the local authority, to begin the process of divestment of holdings ¬ nity members be forbidden, which is not really a fur ¬ later than the statutory period within which the transfer to third deb ba ¬ end. The
lack of a more stringent for disim ¬ pledge of obligations imposed by the legislation under review must not lead Ro pe ¬ local authorities is wrong to underestimate the scope or defer the implementation lightly. The absence of words in defense of the pe ¬ rentori pro ¬ cess of disposal is made solely due mainly ¬ ¬ t need to avoid slashing or opportunities for speculation by private entities, aiming to force a fall in the price of purchasing shares, this thing that could happen if the local body had been found Nante Alie ¬ ¬ in the critical condition of do ¬ ver close the sale within tight deadlines forced, with anguish to avoid delays harbingers of possible liability of directors and / or officials.
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